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2006

St. Mary's University

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Full-Text Articles in Law

Class Of 2009 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law Oct 2006

Class Of 2009 Incoming Il Law Students, St. Mary's University School Of Law, St. Mary's University School Of Law

Incoming 1L Photos (Facebooks)

Photographs of incoming law students for the St. Mary’s University School of Law, class of 2009


Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law Oct 2006

Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law

Law Notes

No abstract provided.


Shifting From Race To Ethnicity In Higher Education., Pratheep Sevanthinathan Oct 2006

Shifting From Race To Ethnicity In Higher Education., Pratheep Sevanthinathan

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


Staying Open: How Restricting Venue In Texas's Judicial Bypass Cases Would Hurt Minors And Violate The Constitution., Shelia Cheaney, Laura Smith Oct 2006

Staying Open: How Restricting Venue In Texas's Judicial Bypass Cases Would Hurt Minors And Violate The Constitution., Shelia Cheaney, Laura Smith

The Scholar: St. Mary's Law Review on Race and Social Justice

The open venue provision is necessary to protect a minor’s constitutional right to have an abortion. Under the open venue provision, a minor may petition from any county in Texas for a judicial bypass to keep her abortion private. Proposed legislation, such as Texas House Bill 1212, threatens that right by restricting a minor from obtaining a judicial bypass only from the county of her residence. In Planned Parenthood of Central Missouri v. Danforth, the United States Supreme Court held it was constitutional for states to require a minor to obtain parental consent in order to obtain an abortion. Bellotti …


Too Broke To Hire An Attorney - How To Conduct Basic Legal Research In A Law Library., Michael P. Forrest, Mark Martinez Jr. Oct 2006

Too Broke To Hire An Attorney - How To Conduct Basic Legal Research In A Law Library., Michael P. Forrest, Mark Martinez Jr.

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


Town Of Castle Rock V. Gonzales: A Hindrance In Domestic Violence Policy Reform And Victory For The Institution Of Male Dominance., Vi T. Vu Oct 2006

Town Of Castle Rock V. Gonzales: A Hindrance In Domestic Violence Policy Reform And Victory For The Institution Of Male Dominance., Vi T. Vu

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


Dealing With A Depressed Workforce: Are American Employers Doing Enough To Support The Mental Health Challenges Affecting Today's Employees., Charity Felts Oct 2006

Dealing With A Depressed Workforce: Are American Employers Doing Enough To Support The Mental Health Challenges Affecting Today's Employees., Charity Felts

The Scholar: St. Mary's Law Review on Race and Social Justice

This comment focuses on what American employers should be doing to recognize and deal with an employee population afflicted by mental illness. Americans suffer from a variety of mental health challenges. The symptoms of these mental illnesses vary from mild to severe. Often, if left untreated, these challenges can turn into full blown mental disorders. Employers typically ignore these issues due to high employee turnover rate and lack of employee loyalty. The cost attributable to mental illness every year is twenty-three billion dollars. However, when calculating the indirect costs like loss of productivity and absenteeism, the actual cost reaches $249 …


A Pregnant Teenager's Right To Education In Texas., Amber Hausenfluck Oct 2006

A Pregnant Teenager's Right To Education In Texas., Amber Hausenfluck

The Scholar: St. Mary's Law Review on Race and Social Justice

Texas must work to better protect the legal rights of pregnant teenagers within its school districts. Without statewide requirements to ensure the elimination of pregnancy discrimination against students, school districts’ policies vary greatly and often include policies counter to the protections afforded both in Title IX and the Texas Education Code. Title IX requires the choice to attend an alternative school be completely voluntary. However, upon inspection, many Texas schools seem to violate this requirement by compelling or pressuring pregnant students to attend alternative education programs instead of adequately informing them of their educational options. The Texas Education Code guarantees …


Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law Apr 2006

Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law

Law Notes

No abstract provided.


Down And Out In San Antonio: The Constitutionality Of San Antonio's Anti-Homeless Ordinances., Justin Cook Mar 2006

Down And Out In San Antonio: The Constitutionality Of San Antonio's Anti-Homeless Ordinances., Justin Cook

The Scholar: St. Mary's Law Review on Race and Social Justice

This comment addresses the constitutionality of two San Antonio anti-homeless ordinances which prohibit camping in public and aggressive panhandling. The population of San Antonio, Texas grows at a rapid rate. Mayor Ed Garza established a task force to address the homelessness problem in San Antonio. This task force developed a ten-year plan to end homelessness in the city. The plan proposed by the year 2014 all homeless individuals would have alternatives and access to safe, decent, and affordable housing as well as resources and support to sustain housing. However, not long after approving the proposal, San Antonio’s City Council presented …


Refusal Clauses & Pro-Life Pharmacists: How Can We Protect Ourselves From Them., Minh N. Nguyen Mar 2006

Refusal Clauses & Pro-Life Pharmacists: How Can We Protect Ourselves From Them., Minh N. Nguyen

The Scholar: St. Mary's Law Review on Race and Social Justice

The decades long pro-life and pro-choice debate recently broadened to now include controversy over reproductive contraception. This controversy stems from doctors refusing to participate in abortion procedures and other healthcare providers, such as pharmacists, declining to fill prescriptions for oral and emergency contraceptives. Pharmacists all over the United States claim religious and moral grounds for refusing to fill prescriptions from doctors and hospitals. This religious fundamentalism creates more than a minor inconvenience for women. The oral and emergency contraceptives in question include birth control pills and the morning after pill, both of which inhibit a woman’s ability to get pregnant. …


Racial Profiling In Texas Department Of Public Safety Traffic Stops: Race Aware Or Race Benign., Steven R. Wolfson Mar 2006

Racial Profiling In Texas Department Of Public Safety Traffic Stops: Race Aware Or Race Benign., Steven R. Wolfson

The Scholar: St. Mary's Law Review on Race and Social Justice

It is illegal for Texas law enforcement agencies to racially profile people. However, Texas continues to deal with racial profiling among law enforcement officers. This article concerns the right to travel, unmolested by state action based upon race or ethnicity. Since passing the Fourteenth Amendment and its Equal Protection Clause, our legal system under-includes, and outright excludes, certain groups of people from its promise. Such racial disparities have lived in the United States Constitution since the authors drafted the three-fifths compromise at its inception. When considering the criminality of a group of people and the overpopulation in state prisons, many …


Texas Rangers Resurrected: Immigration Proposals After September 11th., Alyssa Garcia Perez Mar 2006

Texas Rangers Resurrected: Immigration Proposals After September 11th., Alyssa Garcia Perez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.


What About Our Future - The Chaos That Is The Texas School Finance System., Brian Stork Mar 2006

What About Our Future - The Chaos That Is The Texas School Finance System., Brian Stork

The Scholar: St. Mary's Law Review on Race and Social Justice

The current school finance system has failed to address the changing demographics of the state and has serious, long lasting negative effects on disadvantaged students by not providing better funding, services, or facilities. None of the attempts made to fix this glaring problem of inequity within the Texas school finance system has done anything besides point out these blatant flaws and patchwork approach to solving them. Judge Dietz concluded that since the current school finance system does not properly meet the general diffusion of knowledge requirement proscribed by Article VII, Section 1 of the Texas Constitution, it is inadequate and …


Comparative Study Of The Formation Of Electronic Contracts In American Law With References To International Law, Roberto Rosas Jan 2006

Comparative Study Of The Formation Of Electronic Contracts In American Law With References To International Law, Roberto Rosas

Faculty Articles

No abstract provided.


Federal Rules Update: How Rules Are Made: A Brief Review, David A. Schlueter Jan 2006

Federal Rules Update: How Rules Are Made: A Brief Review, David A. Schlueter

Faculty Articles

A number of Federal Rules of Procedure and Evidence are scheduled for amendment on December 1, 2006, unless Congress amends them further or disapproves of the changes. The amendment to Rule 5 would remove a conflict between Rule 58 and Rule 5.1(a) concerning when a defendant is entitled to a preliminary hearing. Rule 6 would undergo purely technical changes making the rule conform to the writing conventions used in the restyling of the Criminal Rules. Rule 32.1 is being amended to permit the government to produce certified copies of the judgment, warrant, or warrant application by “reliable electronic means.” Under …


Chinese Law On Sars By Chenglin Liu (Book Review), Vincent R. Johnson Jan 2006

Chinese Law On Sars By Chenglin Liu (Book Review), Vincent R. Johnson

Faculty Articles

Chinese Law on SARS, by Chenglin Liu, is a marvelous example of fresh scholarship about a new and important feature of the Chinese legal system. The book analyzes the Chinese response to the Severe Acute Respiratory Syndrome (“SARS”) epidemic in 2003. Most notably, it examines the government’s passing of two new laws and the implementation of other legal steps to bolster the nation’s public health system.

Liu’s scholarly examination of the SARS legislation is instructive, not merely because it explains the current laws in China relating to SARS, but also because it offers insight into what a country should (and …


Tribute, Rehnquist, Innsbruck, And St. Mary’S University, Vincent R. Johnson Jan 2006

Tribute, Rehnquist, Innsbruck, And St. Mary’S University, Vincent R. Johnson

Faculty Articles

William H. Rehnquist served as the seventeenth Chief Justice of the United States. During this time, the Chief Justice taught for St. Mary’s University School of Law over four summers, two weeks each July in 1991, 1994, 1998, and 2000. Chief Justice Rehnquist lectured on the Supreme Court in United States History as part of the law school’s Institute on World Legal Problems in Innsbruck, Austria. Chief Justice Rehnquist felt welcome in Innsbruck, and had earned the St. Mary’s faculty’s fond regard and the students’ admiration.

The memories of the summers spent in Innsbruck with Chief Justice Rehnquist are shared …


Too Broke To Hire An Attorney - How To Conduct Basic Legal Research In A Law Library, Mike Martinez Jr, Michael P. Forrest Jan 2006

Too Broke To Hire An Attorney - How To Conduct Basic Legal Research In A Law Library, Mike Martinez Jr, Michael P. Forrest

Faculty Articles

This article targets as its audience pro se patrons - individuals who cannot afford counsel and need to conduct their own legal research. The poor and disenfranchised have historically had difficulty getting equal access to justice. The cause is often the fact that they cannot afford legal representation. This could lead to exclusion from the legal process. A solution might be self-representation, which presents its own difficulties, as the pro se litigant will likely need to access resources in a law library.


The Abu Ghraib Story, Jeffrey F. Addicott Jan 2006

The Abu Ghraib Story, Jeffrey F. Addicott

Faculty Articles

The purpose of this Article is to examine the facts associated with the prison abuse at Abu Ghraib and to discuss the applicable legal and policy lessons learned as a result of the scandal. Was the prison abuse a reflection of a systemic policy—either de jure or de facto—on the part of the United States to illegally extract information from detainees or was the abuse simply isolated acts of criminal behavior on the part of a handful of soldiers amplified by an incompetent tactical chain of command at the prison facility?


The Practice Of Rendition In The War On Terror, Jeffrey F. Addicott Jan 2006

The Practice Of Rendition In The War On Terror, Jeffrey F. Addicott

Faculty Articles

It is imperative that discussion of emotionally charged issues such as torture or illegal rendition focus on the governing legal standards. The dilemma that confronts the United States and its allies is al-Qa'eda--not a nation-state but a virtual state. Therefore, the rules for fighting the War on Terror face challenges not yet fully appreciated or anticipated by international law, let alone domestic law. The primary international instrument dealing with illegal rendition is the 1984 United Nations Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment (Torture Convention).

It is necessary to first define the terms "torture" and …


Comparative Study Of The Formation Of Electronic Contracts In American Law With References To International Law, Roberto Rosas Jan 2006

Comparative Study Of The Formation Of Electronic Contracts In American Law With References To International Law, Roberto Rosas

Faculty Articles

An understanding of the basic principles that regulate contract formation is of great importance when deciphering the most appropriate ways of fom1ing a new contract or when assessing the legality of an already existing contract. While the basic rules of contract formation are generally applicable to all types of contracts regardless of the method utilized in their creation, there are some juridical rules that apply specifically to electronically created contracts.


Corporate Investigations, Attorney-Client Privilege, And Selective Waiver: Is A Half-Privilege Worth Having At All?, Colin P. Marks Jan 2006

Corporate Investigations, Attorney-Client Privilege, And Selective Waiver: Is A Half-Privilege Worth Having At All?, Colin P. Marks

Faculty Articles

As the title suggests, this article is an analysis of the selective waiver doctrine, which allows a party to disclose materials protected by the attorney-client and work product privileges to the government during investigations without waiving the privilege as to third-party litigants. Specifically, the article analyzes the development of the selective waiver doctrine and why recent policies adopted by governmental agencies, specifically the Department of Justice and SEC, have made this doctrine a forefront of conversation amongst litigators, legislators and academics. But is a blanket adoption of the selective waiver doctrine wise?

Courts have taken a variety of approaches to …


The Law Of Mediation In Texas, L. Wayne Scott Jan 2006

The Law Of Mediation In Texas, L. Wayne Scott

Faculty Articles

State law concerning mediation is continuing to develop in Texas. The Texas Alternative Dispute Resolution Act (“the Act”), passed in 1987 and codified in the Texas Civil Practice and Remedies Code, attempted to resolve Texas judicial opinions on mediation. Since the passage of the Act, a number of judicial opinions have sought to interpret and apply the Act. As such, it became public policy to encourage the peaceable resolution of disputes. Mediation is a method to accomplish that public policy. Both published and unpublished judicial opinions serve to illustrate the application of the Act and provide the only guidance that …


Whose Job Is It Anyway?: Governmental Obligations Created By The Human Right To Water, Amy Hardberger Jan 2006

Whose Job Is It Anyway?: Governmental Obligations Created By The Human Right To Water, Amy Hardberger

Faculty Articles

The importance of water is difficult to quantify, but because it is necessary for survival, it deserves recognition as a human right. Although the right to water has received considerable attention, it has not yet achieved the status of customary international law.

If the human right to water becomes an accepted norm of international law, there could be differing consequences for governments. A human right is enforceable by a citizen against her government by investigating intragovernmental responsibilities in different contexts, including times of peace and more complicated relationships, such as those created in times of conflict or belligerent occupation. Different …


The Tort Duty Of Parents To Protect Minor Children, Vincent R. Johnson, Claire G. Hargrove Jan 2006

The Tort Duty Of Parents To Protect Minor Children, Vincent R. Johnson, Claire G. Hargrove

Faculty Articles

American tort law should recognize the parent-minor child relationship as a “special relationship.” Imposing an affirmative duty on parents to act to prevent serious harm from occurring to their minor children, despite the Restatement (Third) of Tort’s refusal to impose such a duty, keeps with public expectations and public policy. The drafters of the Restatement do not recognize such a duty because there is little precedent to support the imposition of affirmative duties on family members. However, despite this dearth of reported cases, American courts should recognize an affirmative duty on the part of parents to aid their minor children …


Life In The Early Days Of Lawyer Advertising: Personal Recollections Of A Bates Baby, Gerald S. Reamey Jan 2006

Life In The Early Days Of Lawyer Advertising: Personal Recollections Of A Bates Baby, Gerald S. Reamey

Faculty Articles

The Supreme Court decision in Bates v. State Bar of Arizona ruled that lawyer advertising is commercial speech subject to First Amendment protection. However, a Texas disciplinary statute provided that “a lawyer shall not publicize himself, his partner, or associate…through newspaper or magazine advertisements, radio or television announcements…or other means of commercial publicity.” Despite being clearly unconstitutional, the Texas statute remained law for five years. Finally, responding to Bates in September 1977, the Texas State Bar Board of Directors adopted an official statement which allowed for limited advertising in newspapers, and only to the extent which was provided for by …


Texas Annual Survey: Securities Regulation, George Lee Flint Jr Jan 2006

Texas Annual Survey: Securities Regulation, George Lee Flint Jr

Faculty Articles

The definitions, especially those relating to the issues of what constitutes a security, who may recover, and the territorial reach, determine the scope of the securities acts. The Fifth Circuit issued one decision concerning standing to sue under section 11 of the Securities Act of 1933.

The State Securities Board amended its form for public information charges and billing detail to reflect current fees for public information established by the Texas Building and Procedures Commission. The Board adopted new rules reorganizing the exemption for sales to financial institutions and certain institutional investors under the Texas Securities Act (“TSA”) and reconsidered …


Terrorism Law, Jeffrey F. Addicott Jan 2006

Terrorism Law, Jeffrey F. Addicott

Faculty Articles

The hard reality is that the United States has declared war on a tactic—terror. The nation must accept lawful force as the only tool that will allow us to win the war against our enemy. The “War on Terror” is unlike anything the people of the United States have seen or fought before. The issue is: Are we at war, or is this simply a metaphor like the “war on drugs” or the “war on poverty?” The Act of Congress signed by President George W. Bush was the first legal document that began to answer this inquiry. The 2006 Military …


Americans Abroad: International Educational Programs And Tort Liability, Vincent R. Johnson Jan 2006

Americans Abroad: International Educational Programs And Tort Liability, Vincent R. Johnson

Faculty Articles

In recent decades, the number of foreign programs operated by American colleges and universities has greatly expanded. Until recently, there were few reported cases involving claims arising from foreign educational ventures. However, the increase in international study abroad programs has been paralleled by an increase in tort claims. Additionally, because of the tendency of tort cases to be settled, the number of unreported cases, based on harm to students participating in study abroad programs, may be considerably larger than what appears in legal research databases.

Given the high cost of potential litigation, a program provider has no choice but to …